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Retirement comments aren’t evidence of age bias
By Nick Hurston A dean’s and provost’s internal deliberations about a professor’s retirement plans and resistance to technology after not renewing her contract were not “direct evidence” of age discrimination, the 4th U.S. Circuit Court of Appeals has held. The court affirmed the Western District of Virginia’s grant of summary judgment for the university on […]
Arbitrator awards $1.6M for institutional bias at Morgan Stanley
In what plaintiff’s counsel called one of the more significant arbitration employment law awards in North Carolina, global financial services provider Morgan Stanley was ordered to pay more than $1.6 million after being found liable for sex and age discrimination against a 51-year-old, white, male plaintiff. The ruling came after several years of arbitration and […]
Jury rules for transportation company in age discrimination suit
A Concord-based transportation management company did not commit age discrimination when it dismissed a former employee after eliminating his position, a federal jury has ruled. Attorneys Bernard Tisdale, Kathleen Lucchesi, and Joshua Adams of Jackson Lewis in Charlotte report that their client, Cardinal Logistics Management Corporation, terminated the plaintiff, Stephen Alms, because [...]
Contract – Arbitration Waiver Is for Whistleblowers Only
Santoro v. Accenture Federal Services LLC (Lawyers Weekly No. 14-01-0420, 15 pp.) (Shedd, J.) No. 12-2561, May 5, 2014; USDC at Alexandria, Va.; 4th Cir. Holding: A former manager for a government contractor who is suing for age discrimination cannot avoid arbitration under his employment contract by invoking the arbitration waiver provisions for whistleblowers under […]
Employment Discrimination – County Pension Plan Shows Age Bias
EEOC v. Baltimore County (Lawyers Weekly No. 14-01-0311, 17 pp.) (Keenan, J.) No. 13-1106, March 31, 2014; USDC at Baltimore, Md. (Legg, J.) Holding: A Baltimore County employee retirement plan that requires older employees to pay a greater percentage of their salaries as plan contributions, based on their ages at the time they enrolled in […]
‘11th hour’ affidavit should be allowed, court rules
Last-minute affidavits that salvage a case are the stuff on which cheap legal thrillers are built. But for one former car salesman suing for age discrimination, it really did come in just the nick of time. Arnold Johnson says that when he took a position at Crossroads Ford in 2000, as he was nearing 50, […]
Labor & Employment – Age Discrimination Claim – EEOC Subpoena – Training & Hiring Records – Legislative Immunity
EEOC v. Washington Suburban Sanitary Comm’n (Lawyers Weekly No. 11-01-0131, 17 pp.) (Wilkinson, J.) No. 09-2263, Jan. 26, 2011; USDC at Greenbelt, Md. (Williams, J.) 4th Cir. Holding: Although the Washington Suburban Sanitary Commission claims legislative immunity against an EEOC subpoena for training and hiring records related to employees’ age discrimination complaints after the comm[...]
Civil Rights – Constitutional – Motion to Dismiss – Motion for Leave to Amend – Equal Employment Practices Act – Age Discrimination in Employment Act – Employment
Dallie Cherry v. Perdue Farms, Incorporated; and Stacy Mills. (Lawyers Weekly No. 11-02-0087, 11 pp.) (Flanagan, J.), USDC for the Eastern District of North Carolina, Northern Division, No. 2:10-CV-23-FL, December 27, 2010. Click here for the full text of the opinin. The U.S. District Court for the Eastern District of North Carolina granted in part […]
Federal or state? Employment lawyers have strong preferences on venue
An attorney with an employment-discrimination case will most likely take the case to the nearest county courthouse to be heard by a state judge. But just as likely, the defense counsel for the employer will have it removed to federal court. It’s not exactly forum-shopping – either side has the right to have the case […]
Labor & Employment – Civil Rights – Age Discrimination – Pretext – EMT – Response Time
Fox v. Alexander County. Where an EMS worker was demoted after a slow response time, the case is triable because the plaintiff can show that other younger workers were not disciplined for similar response times and because other facts . . .
Age claim that beat summary judgment gets noticed nationwide
A 46-year-old Alexander County emergency medical services supervisor who was demoted when his team failed to meet a targeted response time has a triable case of age discrimination, a federal judge ruled late last month. The case, Fox v. Alexander County, has drawn national attention among labor lawyers because the plaintiff survived a summary-judgment motion from the employer - an unusual event in[...]
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